Siracusa v. No Named Defendant

Filing 5

ORDER dismissing this action, as of 11/9/15, by Judge Lewis T. Babcock on 11/12/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02393-GPG
ANTHONY RAY SIRACUSA,
Plaintiff,
v.
[NO NAMED DEFENDANTS],
Defendants.

ORDER DISMISSING CASE

Plaintiff currently is detained at the Fremont County Detention Center in Cañon
City, Colorado. Plaintiff initiated this action on October 27, 2015, by filing a Letter with
the Court that challenges the conditions of his confinement. Magistrate Judge Gordon P.
Gallagher entered an Order to Cure Deficiencies on October 29, 2015, that stated, @[t]o
the extent that Plaintiff intends to proceed with an action in this Court at this time the
instant action has been opened.@ Magistrate Judge Gallagher also directed Plaintiff to
cure certain deficiencies if he desired to proceed with the action.
On November 9, 2015, Plaintiff filed a Letter and stated that he does not intend to
proceed with a complaint at this time. ECF No. 4. The Court will construe the Letter as
a Notice of Voluntary Dismissal of this case and dismiss the action.
Rule 41(a)(1)(A) provides that Athe plaintiff may dismiss an action without a court
order by filing: (i) a notice of dismissal before the opposing party serves either an answer
or a motion for summary judgment . . . .@ Defendants have not filed an answer in this

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action. Further, a voluntary dismissal under Rule 41(a)(1)(A)(i) is effective immediately
upon the filing of a written notice of dismissal, and no subsequent court order is
necessary. See 8-41 James Wm. Moore et al., Moore=s Federal Practice ' 41.33(6)(a)
(3d ed. 1997); Hyde Constr. Co. v. Koehring Co., 388 F.2d 501, 507 (10th Cir. 1968).
The case, therefore, will be closed as of November 9, 2015, the date the Notice was filed
with the Court. See Hyde Constr. Co., 388 F.2d at 507.
Accordingly, it is
ORDERED that the Notice of Voluntary Dismissal, ECF No. 4, is effective as of
November 9, 2015, the date Plaintiff filed the Notice in this action.
DATED at Denver, Colorado, this

12th

day of

November

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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, 2015.